Stalker high score

oldcelt

lurking in the tall grass
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Just enable more segments (5 and 6) for 34.7 and that should take care of the Stalkers.

We have one NYSP in the Hudson Valley that has a Stalker Dual (antenna) that runs in the 34.48x range (seg 4 on an Escort). Bossdad is in OK......... [MENTION=1663]hammerdown[/MENTION] has seen even lower in OK
 
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Bossdad71

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We have one NYSP in the Hudson Valley that has a Stalker Dual (antenna) that runs in the 34.48x range (seg 4 on an Escort). Bossdad is in OK......... [MENTION=1663]hammerdown[/MENTION] has seen even lower in OK

thank you [MENTION=2690]oldcelt[/MENTION]
 

omgboost

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We have one NYSP in the Hudson Valley that has a Stalker Dual (antenna) that runs in the 34.48x range (seg 4 on an Escort). Bossdad is in OK......... @hammerdown has seen even lower in OK

I go to the Hudson Valley quite a bit for hiking in the summer and fall. I'll need to turn on band 4 next time I'm up there. Thanks for the tip!
 

BMBSALES

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In NY we generally cannot even argue the equipment is malfunctioning or has not been tested. All the LEO has to do is say he saw you speeding - nothing else really matters.

Also you do not go to a regular court for most traffic tickets in NYS and cannot appeal some rulings. In certain areas, You attend the TVB which is a separate traffic court and they win about 98% or more of the cases. You need to attack the officer's training and visual estimating skills rather than the certification and that almost never works.

There is no statute requirement for the troopers to test their radar with a tuning fork, but there is one for case law. NY v. Struck http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19671004_0043057.NY.htm/qx However the Susana ruling made the tuning forks less important.

The radar units are supposed to come to Albany twice a year to be inspected, but that hardly ever happens and some of them go years without being inspected and rarely, if ever certified.

There is a lot more case law in NY that states the radar never needs to be inspected by a qualified 3rd party and certified for the reading to be admitted into evidence. If the LEO can show his training then the equipment really does not matter.


"Contrary to defendant's contention, calibration records are not needed to establish the accuracy of a radar device. A device's accuracy may be established by proof that an officer, who is a qualified radar operator, conducted tests indicating that the radar was functioning properly at the time of the incident (see Matter of Graf v Foschio, 102 AD2d 891 [1984]). Here, the People introduced the trooper's radar operation certificate, issued by the New York State Police. Furthermore, the trooper testified that he had conducted the appropriate tuning fork and calibration tests on the radar device. Therefore, the evidence that the trooper employed a properly calibrated radar device to measure defendant's speed at 79 miles per hour, a rate nearly identical to his visual estimate, was legally sufficient to sustain the conviction (see People v Cani, 17 Misc 3d 134[A], 2007 NY Slip Op 52167 [App Term, 9th & 10th Jud Dists 2007])....from people v Susana"


People v. Maniscalco, 94 Misc. 2d 915 - NY: Village Justice Court 1978 http://scholar.google.com/scholar_case?case=9536092744575932164&hl=en&as_sdt=6&as_vis=1&oi=scholarr

People v. SUSANA, 2010 NY Slip Op 52218 - NY: Appellate Term, 2nd Dept.
- Moreover, even if the proof of the calibration was inadequate, a reading from an untested radar unit, coupled with a qualified officer's visual estimate, suffices to prove the offense
i know this is an old post, but i grew up in the ulster co area, and was a trooper for a bit. we were required, i don't think by statute, but in the troop, to tune with forks, and log, at the beginning of every tour. some wise attorneys may have even had access to such notes, if they asked sweetly...
 

samq45

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i know this is an old post, but i grew up in the ulster co area, and was a trooper for a bit. we were required, i don't think by statute, but in the troop, to tune with forks, and log, at the beginning of every tour. some wise attorneys may have even had access to such notes, if they asked sweetly...

I think all the Troops require a tuning fork test at the beginning of the shifts, the case below you can see the Trooper testified that he tested the unit before his shift. But remember the tuning fork is not a certification of the unit, that should be done by an independent 3rd party, but NYS does it themselves.

I dont think having the Trooper testify that they used a fork helps the defendant here in NY. If you did not test it - its not a requirement in NY for a conviction and if you did test, then that leads more credence that the device is showing speeds correctly.

All the trooper needs to say is that they are trained to determine speed of moving vehicles and they say they observed you speeding. Barring any other strange circumstances, that is all that is required here to find you responsible. If they don't mention that they are trained and viewed you speeding then the certifications are fair game as they have to prove the device is accurate and how they knew that - however even if you ask - the state will not provide any certifications in almost all cases, since they don't have them.

This case below is interesting and provides some details on what we are up against here in NYS - it occurred after posting in the thread.

 

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